SCOTUS, continuing a 200 year-long trend, again limits tribal jurisdiction. As Justice Ginsburg noted in dissent, “Resolving this case on a ground neither argued nor addressed below, the court holds that a tribe may not impose any regulation — not even a nondiscrimination requirement — on a bank’s dealings with tribal members regarding on-reservation fee lands.” Or, as Turtle Talk succinctly puts it, “The Supreme Court has essentially declared Indian tribes to be nothing more than glorified country clubs, with their authority ‘confined to managing tribal land, protect[ing] tribal self-government, and control[ling] internal relations.’ Just like your local country club, tribes can only determine who can come on the property, who can be a member, and who can be in charge.” As I have often said, if there’s one constant in American Indian Law, it’s that Indians always lose; precedent, logic, history and the Constitution be damned.

Now, let’s wait for the howls of outrage from the major presidential candidates…